Thursday, September 29, 2016
Rosa v. U.S., No. 15-01740, 2016 WL 5661866 (C.D. Cal. Sept. 29, 2016) (Pregerson, J.)
Re: Request for certain records concerning plaintiff
Disposition: Denying plaintiff's motion to join party of real interest; dismissing case
- Litigation Considerations & Attorney Fees: The court relates that "[p]laintiff seeks to now join the Department of Justice and the Federal Bureau of Prisons as the real parties in interest." "Plaintiff has not provided, nor can the court find, any authority permitting a plaintiff to join a real party in interest solely for the purpose of recovering fees and costs where the underlying dispute has been resolved." "In addition to potential mootness concerns, permitting a plaintiff to join the real party in interest, or granting leave to add a defendant, after the underlying dispute has been resolved for the sole purpose of bringing a fees motion risks unduly prejudicing a defendant." "Had the proper defendant been named at the outset, the litigation might have taken a different course."
Updated January 19, 2017